IN THE MATTER OF LUCIAN v. McCALL


7 A.D.3d 905 (2004)

776 N.Y.S.2d 637

In the Matter of MICHAEL A. LUCIAN, Petitioner, v. H. CARL McCALL, as State Comptroller, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 13, 2004.


Mugglin, J.

Petitioner, a police officer for the Village of Port Chester, Westchester County, was dispatched to assist an elderly man who had fallen out of bed. As petitioner attempted to lift the man into bed, a throw rug on the floor slipped, causing petitioner to fall and be injured. The Hearing Officer denied his application for accidental disability retirement benefits on the basis that the incident did not constitute an accident within the meaning of Retirement...

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